Excuses/Discharge

Question 1

List the Excuses to breach due to a later, unanticipated event?

Answer 1

(1) Impossibility - objectively impossible to perform.
(2) Impracticability - unforeseeable, unanticipated, and extremely unreasonable difficulty and/or expense (price spikes are not unforeseeable)
(3) Frustration of Purpose - purpose of the contract has become valueless by virtue of a unanticipated supervening event, and through no fault of the party seeking discharge.

Question 2

List the Excuses to breach due to a later contractual agreement?

Answer 2

(1) Accord and Satisfaction - an agreement by the parties, with consideration, to accept different performance to satisfy the duties of the contract.
(2) Wavier - A party can expressly or implied waive a right or benefit under a contract, discharging a duty to perform.